| Abstract [eng] |
Participation of Related Enterprises in Public Procurement: Competition Law Problems. In the light of existing dynamic links between enterprises, it is necessary to overview participation in public procurement peculiarities of such enterprises. This study has dealt with participation of related enterprises in public procurement from a competition law point of view. Firstly, concept of related enterprises was analysed. Main criteria for related enterprises identification were found based on Lithuanian and other countries positive law. Those criteria included control of voting rights, influence to management bodies and etc. Also the paper provided an overview of the ways related enterprises distort competition in public procurement procedure. Positive law and court practise set out requirement for fair competition among all suppliers in order to prevent anti- competitive practises. Despite the existence of any structural links between enterprises, such enterprises have the right to participate in public procurement. However, in certain cases statutory interpretation issue arises in relation to anti-competitive practises by related enterprises. On the basis of the jurisprudence of the Court of Justice of the European Union, enterprises which do not enjoy real autonomy in determining their course of action in the market should be regarded as one economic entity. In such cases, anti-competitive practises carried out by enterprises which form one economic entity are not covered by competition rules of anti-competitive agreements. Nevertheless those practises cannot be recognised as infringement of the competition rules, enterprises cannot conduct anti- competitive behaviour in public procurement procedure. This assessment is possible due to the nature of public procurement law and objective of ensuring competition in public procurement procedure. Lastly, rights and obligations of contracting authorities, competing suppliers and Competition Council of the Republic of Lithuania were analysed. |
